Giraja Devi @ Girja Devi And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41856 of 2015 Arising Out of PS.Case No. -74 Year- 2015 Thana -SARAIYA District- MUZAFFARPUR ======================================================
1. Giraja Devi @ Girja Devi wife of Bishun Mahto @ Bishundeo Mahto
2. Lalita Devi, wife of Garib Mahto @ Garib Nath Mahto
3. Veena Devi, wife of Dilip Mahto All resident of Village- Tilak Pakari, P.S- Saraiya, District- Muzaffarpur .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 15-12-2015 Heard learned counsel for the petitioners and learned Additional P.P. for the State.
The petitioners pray for anticipatory bail in a case under Sections 302 and 201/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that although in the FIR the allegation has been made firstly against Dilip Mahto and thereafter against these petitioners, who are ladies, the petitioner No.3 being the wife of Dilip Mahto, that they had also assaulted the wife of the informant as a result of which she became unconscious and thereafter upon being taken to the hospital she was declared dead. It is submitted that the witnesses, particularly the daughter of the deceased, has not mentioned anything about these petitioners having also assaulted the deceased lady and all that she has stated is with regard to Dilip
Patna High Court Cr.Misc. No.41856 of 2015 (3) dt.15-12-2015 Mahto. It is further submitted that these petitioners have no criminal antecedent.
Learned A.P.P., upon a perusal of the case diary, also submits that the daughter of the informant, who is an eye-witness, has not spoken against these petitioners.
On a consideration of the facts and circumstances of the case, it is directed that the petitioners, namely, (1) Giraja Devi @ Girja Devi, (2) Lalita Devi and (3) Veena Devi, in the event of their arrest/surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each in connection with Saraiya P.S.Case No. 74 of 2015 to the satisfaction of the Sub-Divisional Judicial Magistrate (West), Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ramesh Kumar Datta, J) spal/- U